ISSUE BRIEF NUMBER IB82046 AUTHOR: William C. Jolly. Environment and Natural Resources Policy Division THE LIBRARY OF CONGRESS
|
|
- Cody Washington
- 6 years ago
- Views:
Transcription
1 REAUTHORIZATION OF THE ENDANGERED SPECIES ACT ISSUE BRIEF NUMBER IB82046 AUTHOR: William C. Jolly Environment and Natural Resources Policy Division THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEM DATE ORIGINATED 04/01/82 DATE UPDATED 04/12/82 FOR ADDITIONAL INFORMATION CALL
2 CRS- 1 ISSUE DEFINITION The Endangered Species Act of 1973 (P.L ; 16 USC ) is widely regarded by its proponents as one of this country's most important and powerful environmental laws and an international model. Authorization for appropriations to carry out the purposes of the Act under several of its sections expires on Sept. 30, 1982, unless reauthorized in the current session of Congress. Debate on reauthorization reveals divergent views on the relative worth and workability of the Act as seen by conservationists, business groups, State game and fish officials, the Federal Government and others. As the Act is the domestic implementing legislation for U.S. obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), reauthorization debate also addresses these treaty responsibilities, most particularly with respect to export of pelts of American bobcats. BACKGROUND AND POLICY ANALYSIS The Endangered Species Act of 1973 (P.L ; 16 U.S.C ; 87 Stat. 8841, as amended, grew out of earlier, simpler acts in 1966 and 1969 (P.L.'s and , respectively. It underwent limited amendment (including reauthorizations) in 1976, 1977, and 1980, and more substantive amendment with respect to section 7, in particular in 1978 and 1979, and with respect to section 8, in The ESA implements, for the U.S., the Convention on International Trade in Endangered Species of Wild Fauna and Flora (TIAS 8249) signed by the United States March 3, 1973, and the Conventi'on on Nature Protection and Wildlife Preservation in the Western Hemisphere (50 Stat. 1354; TS 981) signed by the United States Oct. 12, The 1973 ESA provides: for the conservation of threatened and endangered species of fish, wildlife and plants by Federal action and by encouraging the establishment of State programs. The Act authorizes the determination and listing of endangered and threatened species and the range in which such condition exists; prohibits unauthorized taking, possession, sale, transport, etc., of endangered species; provides authority to acquire land for the conservation of listed species with land and water conservation funds; authorizes establishment of cooperative agreements and grant-in-aid to those States which establish and maintain an active and adequate program for endangered and threatened wildlife; and authorizes the assessment of civil and criminal penalties for violating the Act or regulations. Section 7 of the Endangered Species Act requires Federal agencies to insure that any action authorized, funded or carried out by them does not jeopardize the continued existence of listed species or modify their critical habitat. Public Law , approved June 30, 1976 (90 Stat. 724), extended and increased the authorization of appropriations in section 15 of the 1973
3 CRS- 2 IB82046 UPDATE-04/12/82 Act. Public Law , approved July 12, 1976 (90 Stat. 911), exempted under certain conditions whale parts and products lawfully held prior to December 28, 1973, from the prohibitions in the Act and provided other amendments to facilitate administrative processes in emergency situations, clarified enforcement procedures, allowed disposal of forfeited and abandoned property and clarified the definition of "commercial activity-" The authorization of appropriations for Federal grant-in-aid to States was extended by Public Law on December 19, 1977 (91 Stat.1493). Public Law , signed by the President on November 10, 1978 (92 Stat. 375), extended the section 15 authorization of appropriations through March 31, 1980, and made extensive revisions in the 1973 law. A Cabinet-level Endangered Species Committee was established as part of a two-tiered process whereby Federal agencies may obtain an exemption from the requirements of section 7. The Tellico Dam project in Tennessee and the Grayrocks project in Wyoming were to receive expedited consideration by the Committee. The Secretary of Defense is authorized to specify exemptions from the Act for reasons of national security. The consultation process under section 7 was formalized and strengthened, and now includes the requirement that a Federal agency prepare a biological assessment in cases where the Secretary has advised that a listed species may be present. The 1978 amendments also oblige the Secretary to consider the economic ~mpact of designating critical habitat and to review the list of endangered and threatened species every five years. Public notification and hearing requirements prior to the listing of a species or its habitat are specified. Other changes made by the 1978 statute include: a provision for cooperative agreements with States for the conservation of endangered and threatened species of plants; exemptions from the Act's requirenents for the progeny of legally held captive raptors and antique articles made before 1830; and a revision of the penalty provisions of the Act. (Office of Legislative Services, U.S. Fish and Wildlife Service, Department of the Interior. Selected List of Federal Laws and Treaties Relating to Sport Fish and Wildlife. Revised January, 1979). Public Law , signed by the President on Dec. 28, 1979, authorized appropriations to fund sections 7 and 15 of the Act through FY82. In addition to provisions for funding endangered species work of the Department of Commerce and Interior, this Act authorized appropriations to support Endangered Species Committee and review board functions (under section 7) for FY Appropriations were also authorized for the first time for the Department of Agriculture to facilitate enforcement of both the Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with regard to the importation and exportation of terrestrial plants. The 1979 Amendments designate the Interior Secretary as the Endangered Species Scientific Authority (ESSA) under CITES. Formerly, ESSA was a 7-member independent panel with regulatory authority, but not accountable to any public official. The 7-member panel, stripped of regulatory authority, remains as the International Convention Advisory Commission (ICAC). The Secretary now has the enforcement authority ESSA formerly had, but if the Secretary rejects ICAC recommendations, reasons must
4 CRS- 3 IB82046 UPDATE-04/12/82 be published in the Federal Register. Finally the 1979 Amendments made a number of revisions in the ESA about public meetings, notice requirements, status reviews, critical habitat notifications, consultation requirements of Federal agencies, and other administrative matters. The jeopardy standard under section 7 was changed from "would jeopardize" to the more flexible "is likely to jeopardize." The deadline for the sale of scrimshaw was extended under the amendments for three more years in cases where whale parts and products were in stock prior to Public Law ,- signed by the President on Hay 23, 1980, authorized appropriations for cooperative endangered species programs with the States through FY82. Thus, appropriation authorizations for sections 6, 7, and 15 of the ESA were placed on the same expiration time frame, all expiring on Sept. 30, 1982, if not reauthorized. More detailed information on the issues and legislative history of the ESA through 1980 can be found in the CRS Archived Issue Brief IB Wildlife and Fisheries: Endangered and Threatened Species. Present Issues Despite the major oversight review conducted and the substantive changes in the 1973 Act enacted by the 95th and 96th Congress, there remain a number of aspects of the law and/or its administration which are not wholly satisfactory to one or more of the numerous interested parties. Principal among them are: Taxa of species (Itkinds of organisms") covered Under the present law, any species or subspecies of animals or a population of a vertebrate animal that is threatened with extinction can be protected. Some interests would like the Act amended to restrict its coverage to the "higher life formsw-- usually the chordates (principally vertebrates) among animals, and seed plants and ferns among plants. In addition, some of the interests propose to eliminate protection for any taxonomic category lower than full species -- i.e., subspecies and populations. Conservation interests and biologists generally favor keeping potential protection inclusive of all forms of life and of sub-specific taxonomic levels, too. Section 7 provisions From its inception this has been a controversial section of the Act. It prohibits Federal agencies from carrying out public projects or issuing permits for private projects that would either jeopardize listed species or harm their habitat. Agencies prepare a "biological assessmentq1 (which may be time-consuming and costly) which supports their conclusion about whether a proposed project would affect any listed species. If harmful affects are anticipated, the agencies must consult with the appropriate Secretary (Commerce or Interior) who then issues an opinion on whether the project would "jeopardizew a species and who identifies alternative ways to effect the project or its purposes. If the Federal agency, a State governor, or a project sponsor disagrees with the Secretarial opinion, a request for an exemption may be filed under procedures Congress established in the 1978 Amendments. Some groups, including those in oil and gas, mining, and utility industries, consider the 1978 Amendments do not go far enough, and believe the Act still either blocks needed economic development, or imposes excessive
5 CRS- 4 IB82046 UPDATE-04/12/82 economic burdens for industrial compliance. Opponents to the present language would prefer to have agency compliance made discretionary or otherwise limit the kinds of Federal activities to which the section applies. Supporters of the present language, while agreeing administration of it can be improved, argue the section has worked well, has provided for conservation efforts which are compatible with development, and deny that it has really interfered with economic development. Some supporters of present Section 7 provisions believe the failure of the Departments of Commerce and the Interior to promulgate final regulations for implementing Section 7 is actually a part of the problem some have with the section. They see administrative action remedying this alleged source of confusion, not legislative action. Bobcats The bobcat is not listed on the U.S. list of endangered or threatened species. However, it is listed on Appendix I1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the appendix which covers species judged in risk of becoming endangered unless international trade is regulated. The treaty stipulates that export of such listed species can be granted by a signatory nation only if it is not detrimental to the survival of the species. Attempts by the U.S., through the Fish and Wildlife Service, to issue such export permits have been blocked in the Federal courts by the Defenders of Wildlife on grounds the Government data on bobcat populations and harvests are inadequate to determine whether such export is or is not detrimental to the species' survival. State game management agencies, represented by the International Association of Fish and Wildlife Agencies, favors amending the Act to modify the data requirements as interpreted by the Federal courts, and/or to assign responsibility to the States for making the determination of whether exports are detrimental or not. The State agencies maintain they, not the Federal Government, are best equipped to set harvest quotas and make biological status determinations. Environmental groups in opposition charge the State game agencies have a vested interest in loosening export standards, as such agencies depend, in part, on funding from hunting, fishing and trapping licenses. They believe the international treaty obligations of the U.S. under CITES are properly a matter for Federal assurance. Length of reauthorization There is disagreement over the period of reauthorization. The length of reauthorization affects how soon and in what political climate debate and political decisions are made over substantive changes in the Act. Most environmental groups and scientists prefer a long reauthorization to avoid annual attacks on the controversial act each time it is reauthorized. Many industries, concerned about stoppage or delay of economic development projects, favor keeping the Act on a short leash--unless they obtain the substantive changes in the Act which they favor. Secretary of the Interior Watt wrote to the chairmen of the House and Senate Subcommittees which oversee the Act, and which consider reauthorization measures, in favor of a one-year reauthorization without extensive amendment. Meanwhile, the Commerce Department's National Marine Fisheries Service was cleared by OMB to testify in favor of a 2-year reauthorization without amendments. Senator Chafee, chairman of the Senate Environment's Environmental Pollution Subcommittee, is reported drafting a multi-year reauthorization measure. His counterpart in the House, Congressman Breaux of the Fisheries and Wildlife Conservation and the Environment Subcommittee of the Merchant Marine and Fisheries Committee, is reported considering either one or two- year
6 CRS- 5 reauthorizations. Budgetary impacts Concern with reauthorization of appropriations for the Endangered Species Act is inevitably intertwined with concern for actual appropriations and expenditures. The Administration has proposed a FY 83 budget for the Fish and Wildlife Service's endangered species program of $16,550,080 which is about 7% below last year's level, The proposed budget would reduce the Endangered Species Office's law enforcement activities by $880,000, mostly by reducing by about 40, the over 200 law enforcement agents carrying out ESA work to 160 agents. Also, the Administration proposes zero funding under Section 6 for Federal-State cooperative endangered species program work. Additionally, the National Marine Fisheries Service's endangered species program is proposed to be reduced by over $500,000 to less than $2.5 million in FY 83. It can be assumed the reauthorizing committees will seek to influence appropriations and obligations of the Administration with respect to endangered species work. Highlights of the Endangered Species program budget categories are shown in the following table. Listing Protection Consultation Maintenance/Recovery Grants (to states) TOTAL Other issues FY 1981 FY 1982 FY 1983 Actual Estimate Request (in thousands) Reauthorization measures may include proposed changes affecting listing and delisting of species as endangered or threatened; the role of economics in determining whether species should be listed as opposed to determining how much should be done to protect them; designation of critical habitat; and degree of "intent" to be shown for prosecutions of "takingst' of listed species. LEGISLATION S (Chafee, Mitchell, and Gorton) Authorization of Appropriations Under the Endangered Species Act of Amends the Endangered Species Act of 1973, as amended; to encourage species listings by requiring that the Secretary of the Interior decide within two years whether or not to list a proposed species; to clarify States' responsibilities for managing non-endangered resident species by not requiring the Secretary of the Interior when making non-detriment decisions in accordance with CITES to use population estimates if these are not the best available biological data; to eliminate possible conflict between section 7 and section 9 of the Act by exempting taking violations that are
7 CRS- 6 made in the course of activities addressed by a biological opinion under section 7; to encourage new populations of endangered species by treating non-essential experimental populations, to the extent that they are not on national wildlife refuges, as proposed species, thus excluding them from crltical habitat designation, the section 7 jeopardy standard, and the section 9 taking prohibition; to streamline the section 7 exemption process by substituting the Secretary of the Interior or of Commerce, as appropriate, for the Review Board and shortening the process from 360 to 200 days; to reauthorize the Act for 4 years at current levels: $27 million for DOI, $3.5 million for Department of Commerce, $1.85 million for Department of Agriculture, $6 million for the STates under section 6; to change the Federal share of matching grants to the States from 662/3 to 75%; and to give the Attorney General injunctive authority. S (Chafee, by request) Amends the Endangered Species Act of 1973, to authorize funds for fiscal years 1983 and 1984, and has other purposes. Both bills were introduced Mar. 30, 1982; referred to Committee on Environment and Public Works. HEARINGS U.S. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment. Oversight and Reauthorization of the Endangered Species Act. Hearings, 97th Congress, 2d session. Feb. 22, Mar. 8, Not yet printed U.S. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Environmental Pollution. Endangered Species Act Oversight. Hearings, 97th Congress, 1st session, Dec. 8, 10, In press U.S. Congress. Senate. Committee on Environment and Public Works.Subcommittee on Environmental Pollution. Reauthorization of the Endangered Species Act. Hearings, 97th Congress, 2d session, scheduled for Apr. 19 and 22, Not yet held REPORTS AND CONGRESSIONAL DOCUMENTS U.S. Congress. Senate. Committee on Environment and Public Works.Subcommittee on Environmental Pollution. A legislative history of the Endangered Species Act of 1973, as amended in 1976, 1977, 1978, 1979 and February Washington, U.S. Govt. Print. Off., ,506 p. At head of title: 97th Congress, 2d session. Committee Print. "Serial no. 97-6"
8 CRS- 7 CHRONOLOGY OF EVENTS 09/30/82 -- Authorization for appropriations for carrying out the proposes of the Endangered Species Act of 1973, as amended, expires. 04/19/82-04/22/82 -- Hearings scheduled before the Environmental Pollution Subcommittee of the Senate Environment and Public Works Committee on legislation (to be introduced) to reauthorize the Endangered Species Act of 1973, as amended. 03/08/82 -- Oversiqht hearing on reauthorization of the Endangered Species Act of 1973, as amended, held by Fisheries and Wildlife Conservation and the Environment Subcommittee of the House Merchant Marine and Fisheries Committee. 02/22/82 -- Ditto 12/08/81 and 12/10/81 -- Oversight hearings on reauthorization of the Endangered Species Act of 1973, as amended, held by the Environmental Pollution Subcommittee of the Senate Committee on Environment and Public Works. ADDITIONAL REFERENCE SOURCES Center for Environmental Education. Endangered Species Act Reauthorization Bulletin, No. 1, 9 December 1981; no. 2, 18 January 1982; no. 3, 16 February 1982; no. 4, 8 March Holden, Constance. Endangered Species Act in Jeopardy. Science, v. 215, Mar. 5, 1982: U.S. Department of the Interior. Fish and Wildlife Service. Endangered Species Program. Endangered Species Technical Bulletin, v. 7 (l), January 1982: 1,3,6,8. U.S. Library of Congress. Congressional Research Service. Endangered Species Act and CITES (by) William C. Jolly. Bec. 21, Washington, p. U.S. Library of Congress. Congressional Research Service. Wildlife and Fisheries: Endangered and Threatened Species (by) William C. Jolly and Judy L. Sheppard. Archived Issue Brief
The United States Endangered Species Act of 1973.
The United States Endangered Species Act of 1973. ENDANGERED SPECIES ACT OF 1973 [Public Law 93 205, Approved Dec. 28, 1973, 87 Stat. 884] [As Amended Through Public Law 107 136, Jan. 24, 2002] AN ACT
More informationENDANGERED SPECIES ACT OF 1973
1 ENDANGERED SPECIES ACT OF 1973 ENDANGERED SPECIES ACT OF 1973 1 AN ACT To provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes. Be it
More informationThe Endangered Species Act of 1973*
Access the entire act as a pdf file. You may need to download and install the Adobe Acrobat Reader to view this file. Go to the U.S. Fish & Wildlife Service home page Go to the Endangered Species Program
More informationARTICLE 2 ENDANGERED SPECIES ACT OF GUAM
63201. Title. 63202. Purposes. 63203. Definitions. 63204. Policy. 63205. Authority. 63206. Prohibitions. 63207. Permits. 63208. Enforcement. ARTICLE 2 ENDANGERED SPECIES ACT OF GUAM 20 63209. Penalties.
More informationPage 1727 TITLE 16 CONSERVATION 1531
Page 1727 TITLE 16 CONSERVATION 1531 Pub. L. 95 113, title XV, 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91 524, title X, 1006,
More informationThe Endangered Species Act and Take. Rollie White Oregon Field Office US Fish and Wildlife Service
The Endangered Species Act and Take Rollie White Oregon Field Office US Fish and Wildlife Service Rollie_White@fws.gov 503-231-6179 Objectives for this Session Introduction to the structure and intended
More informationENDANGERED SPECIES ACT OF PROHIBITED ACTS
ENDANGERED SPECIES ACT OF 1973 1 PROHIBITED ACTS SEC. 9. [16 U.S.C. 1538] (a) GENERAL. (1) Except as provided in sections 6(g)(2) and 10 of this Act, with respect to any endangered species of fish or wildlife
More informationProposed Changes to Regulations Governing Consultation Under the Endangered Species Act (ESA)
Order Code RL34641 Proposed Changes to Regulations Governing Consultation Under the Endangered Species Act (ESA) Updated September 23, 2008 Kristina Alexander Legislative Attorney American Law Division
More information16 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 16 - CONSERVATION CHAPTER 35 - ENDANGERED SPECIES 1535. Cooperation with States (a) Generally In carrying out the program authorized by this chapter, the Secretary shall cooperate to the maximum
More informationMEMORANDUM OF AGREEMENT between the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce
MEMORANDUM OF AGREEMENT between the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce Establishment of an Interagency Working Group to Coordinate Endangered
More informationCOMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF ALASKA, ) 1031 W. 4th Avenue, Suite 200 ) Anchorage, AK 99501 ) ) Plaintiff, ) ) v. ) ) JANE LUBCHENCO, in her official capacity ) as
More informationMEMORANDUM OF AGREEMENT. between. the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce
MEMORANDUM OF AGREEMENT between the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce on Establishment of an Interagency Working Group to Coordinate Endangered
More informationOriginal language: English CoP17 Doc. 85 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Original language: English CoP17 Doc. 85 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Seventeenth meeting of the Conference of the Parties Johannesburg (South Africa),
More informationSUBMISSION TO THE REVIEW OF THE FLORA AND FAUNA GUARANTEE ACT, 1988 (Vic).
SUBMISSION TO THE REVIEW OF THE FLORA AND FAUNA GUARANTEE ACT, 1988 (Vic). INTRODUCTION 1. This submission is made by Lawyers for Forests Incorporated (LFF). 2. LFF is a not for profit voluntary association
More informationSUBCHAPTER A SUBCHAPTER B [RESERVED] SUBCHAPTER C ENDANGERED SPECIES EXEMPTION PROCESS
CHAPTER IV JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE);
More informationSafari Club International v. Jewell
Public Land and Resources Law Review Volume 0 Case Summaries 2016-2017 Safari Club International v. Jewell Jacob Schwaller University of Montana, Missoula, jacob.schwaller@umontana.edu Follow this and
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STATE OF MINNESOTA IN COURT OF APPEALS A12-1680 Center for Biological Diversity, Howling
More information16 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 16 - CONSERVATION CHAPTER 35 - ENDANGERED SPECIES 1536. Interagency cooperation (a) Federal agency actions and consultations (1) The Secretary shall review other programs administered by him and
More informationCase 1:18-cv Document 1 Filed 11/08/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:18-cv-02576 Document 1 Filed 11/08/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CENTER FOR BIOLOGICAL DIVERSITY, 378 N. Main Avenue Tucson, AZ 85701 Plaintiff,
More informationINTRODUCTION ANIMAL WELFARE: ITS PLACE IN LEGISLATION. By Congressman Christopher Shays*
INTRODUCTION ANIMAL WELFARE: ITS PLACE IN LEGISLATION By Congressman Christopher Shays* Animals are vital to our livelihood, and humankind has an obligation to all animals. While one would hope this knowledge
More informationInformational Report 1 March 2015
Informational Report 1 March 2015 Department of Commerce National Oceanic & Atmospheric Administration National Marine Fisheries Service NATIONAL MARINE FISHERIES SERVICE POLICY DIRECTIVE 01-117 January
More information8-7. Communications and Legislation Committee. Board of Directors. 4/9/2019 Board Meeting. Subject. Executive Summary. Details
Board of Directors Communications and Legislation Committee 4/9/2019 Board Meeting Subject Express opposition, unless amended, to SB 1 (Atkins, D-San Diego; Portantino, D-La Canada Flintridge; and Stern,
More information16 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 16 - CONSERVATION CHAPTER 31 - MARINE MAMMAL PROTECTION SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS 1371. Moratorium on taking and importing marine mammals and marine mammal products
More informationLAW ON THE REGULATION OF FOREIGN TRADE IN ENDANGERED ANIMAL AND PLANT SPECIES AND DERIVATIVES THEREOF
LAW ON THE REGULATION OF FOREIGN TRADE IN ENDANGERED ANIMAL AND PLANT SPECIES AND DERIVATIVES THEREOF 7 November 2002 Ulaanbaatar Article 1. Purpose of the Law SECTION ONE. General Provisions 1. The purpose
More informationCRS Issue Brief for Congress
Order Code IB10122 CRS Issue Brief for Congress Received through the CRS Web Hydropower Licenses and Relicensing Conditions: Current Issues and Legislative Activity Updated August 27, 2003 Kyna Powers
More informationEndangered and Threatened Wildlife and Plants; Revision of the Regulations for
Billing Code 4333 15 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS HQ ES 2018 0007; 4500030113] RIN 1018 BC97 Endangered and Threatened Wildlife and Plants; Revision
More informationRouting the Alaska Pipeline Project through the Tetlin National Wildlife Refuge What responsibilities do agencies have under ANILCA?
Routing the Alaska Pipeline Project through the Tetlin National Wildlife Refuge What responsibilities do agencies have under ANILCA? The Alaska Pipeline Project (APP) is proposing a pipeline route that
More informationNC General Statutes - Chapter 106 Article 19B 1
Article 19B. Plant Protection and Conservation Act. 106-202.12. Definitions. As used in this Article, unless the context requires otherwise: (1) "Board" means the North Carolina Plant Conservation Board
More informationOriginal language: English AC28 Com. 1 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Original language: English AC28 Com. 1 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Twenty-eight meeting of the Animals Committee Tel Aviv (Israel), 30 August-3 September
More informationTHE AMERICAN LAW INSTITUTE Continuing Legal Education Environmental Law 2017
1 THE AMERICAN LAW INSTITUTE Continuing Legal Education Environmental Law 2017 Cosponsored by the Environmental Law Institute February 9-10, 2017 Washington, D.C. Executive Orders on the Keystone and Dakota
More informationCase 3:18-cv Document 1 Filed 11/29/18 Page 1 of 11
Case :-cv-0 Document Filed // Page of 0 0 Jennifer L. Loda (CA Bar No. Center for Biological Diversity Broadway, Suite 00 Oakland, CA -0 Phone: (0 - Fax: (0-0 jloda@biologicaldiversity.org Brian Segee
More informationRe: Revisions to the Regulations for Petitions for Listing Under the Endangered Species Act 81 Fed. Reg (Thursday, April 21, 2016):
May 23, 2016 Public Comments Processing Attention: FWS-HQ-ES-2015-0016 MS: BPHC U.S. Fish and Wildlife Service 5275 Leesburg Pike, MS-PPM Falls Church, VA 22041-3803 Re: Revisions to the Regulations for
More informationCongressional Roll Call Votes on the Keystone XL Pipeline
Congressional Roll s on the Keystone XL Pipeline Lynn J. Cunningham Information Research Specialist Beth Cook Information Research Specialist January 22, 2015 Congressional Research Service 7-5700 www.crs.gov
More informationAppendix L Authorization
Appendix L Authorization Intentionally Left Blank Upper Mississippi River Restoration Authorization (Formerly referred to as Environmental Management Program) Section 1103 of the Water Resources Development
More informationThe Congress makes the following findings:
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE EXPORT REGULATION 2401. Congressional findings The Congress makes the following findings: (1) The ability of United States citizens to engage in international
More informationINTERAGENCY COOPERATION
237 ENDANGERED SPECIES ACT OF 1973 Sec. 7 amount equal to five percent of the combined amounts covered each fiscal year into the Federal aid to wildlife restoration fund under section 3 of the Act of September
More informationCONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
COP14 Doc.xx CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Fourteenth Meeting of the Conference of the Parties The Hague (Netherlands), 3 15 June, 2007 Interpretation
More informationClean Water Act Section 401: Background and Issues
Clean Water Act Section 401: Background and Issues Claudia Copeland Specialist in Resources and Environmental Policy July 2, 2015 Congressional Research Service 7-5700 www.crs.gov 97-488 Summary Section
More informationReference Guide. European Community Wildlife Trade Regulations
Reference Guide European Community Wildlife Trade Regulations February 2007 http://europa.eu.int/comm/environment/cites/home_en.htm This is a revised and updated version based on the previous edition
More informationCUSHMAN PROJECT FERC Project No Settlement Agreement for the Cushman Project
CUSHMAN PROJECT FERC Project No. 460 Settlement Agreement for the Cushman Project January 12, 2009 Cushman Project FERC Project No. 460 Settlement Agreement for the Cushman Project Table of Contents Page
More informationCONFERENCE COMMITTEE REPORT BRIEF SENATE SUBSTITUTE FOR HOUSE BILL NO. 2156
SESSION OF 2016 CONFERENCE COMMITTEE REPORT BRIEF SENATE SUBSTITUTE FOR HOUSE BILL NO. 2156 As Agreed to April 28, 2016 Brief* Senate Sub. for HB 2156 would make several changes to the Nongame and Endangered
More informationAtlantic States Marine Fisheries Commission
Atlantic States Marine Fisheries Commission Interstate Fisheries Management Program Charter Vision: Sustainably Managing Atlantic Coastal Fisheries February 2016 Preface This document outlines the standard
More informationPower Marketing Administrations: Background and Current Issues
Power Marketing Administrations: Background and Current Issues name redacted Specialist in Energy Policy January 7, 2008 Congressional Research Service CRS Report for Congress Prepared for Members and
More informationFor purposes of this subpart:
TITLE 21 - FOOD AND DRUGS CHAPTER 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT SUBCHAPTER VII - GENERAL AUTHORITY Part C - Fees subpart 3 - fees relating to devices 379i. Definitions For purposes of this subpart:
More informationCRS Report for Congress Received through the CRS Web
Order Code 96-395 F Updated November 13, 2000 CRS Report for Congress Received through the CRS Web Summary World Heritage Convention and U.S. National Parks Lois McHugh Analyst in International Relations
More informationRULES. MADE BY THE MINISTER UNDER SECTIONS 261e) AND 41 OF THE ENVIRONMENTAL MANAGEMENT ACT, 2000
REPUBLIC OF TRINIDAD AND TOBAGO RULES MADE BY THE MINISTER UNDER SECTIONS 261e) AND 41 OF THE ENVIRONMENTAL MANAGEMENT ACT, 2000 ENVIRONMENTALLY SENSITIVE SPECIES RULES, 2001 1. These Rules may be cited
More informationOHIO DEPARTMENT OF NATURAL RESOURCES RULE MAKING GUIDE
OHIO DEPARTMENT OF NATURAL RESOURCES RULE MAKING GUIDE Under Executive Order 2008-04S, Governor Ted Strickland required that regulations create an atmosphere in which business and individuals affected
More informationFlora and Fauna Guarantee Act 1988
Flora and Fauna Guarantee Act 1988 No. 47 of 1988 TABLE OF PROVISIONS PART 1 PRELIMINARY Section 1. Purpose. 2. Commencement. 3. Definitions. 4. Objectives. 5. Flora and fauna which are excluded from the
More informationCRS Report for Congress
CRS Report for Congress Received through the CRS Web Order Code RS20748 Updated April 5, 2006 Protection of Classified Information by Congress: Practices and Proposals Summary Frederick M. Kaiser Specialist
More information5 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart B - Employment and Retention CHAPTER 31 - AUTHORITY FOR EMPLOYMENT SUBCHAPTER I - EMPLOYMENT AUTHORITIES 3101. General authority
More informationCase 1:18-cv Document 1 Filed 04/12/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:18-cv-00862 Document 1 Filed 04/12/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CENTER FOR BIOLOGICAL DIVERSITY, 378 N. Main Avenue Tucson, AZ 85701, v. Plaintiff, RYAN
More informationThis document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
2006R0865 EN 27.09.2012 002.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B COMMISSION REGULATION (EC) No 865/2006 of 4 May
More informationAmerica s Working Lands: Updating the Endangered Species Act to Ensure Successful Species Recovery and a Productive Future.
America s Working Lands: Updating the Endangered Species Act to Ensure Successful Species Recovery and a Productive Future. SUMMARY RECOMMENDATIONS AS RELATED TO THE ACT AND ITS IMPLEMETATION: I. SECTION
More informationThis document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
2006R0865 EN 25.02.2008 001.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B COMMISSION REGULATION (EC) No 865/2006 of 4 May
More informationChapter 391. International Trade (Fauna and Flora) Act Certified on: / /20.
Chapter 391. International Trade (Fauna and Flora) Act 1979. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 391. International Trade (Fauna and Flora) Act 1979. ARRANGEMENT OF SECTIONS.
More informationBiological Opinions for the Sacramento-San Joaquin Delta: A Case Law Summary
Biological Opinions for the Sacramento-San Joaquin Delta: A Case Law Kristina Alexander Legislative Attorney January 23, 2012 CRS Report for Congress Prepared for Members and Committees of Congress Congressional
More informationPage M.1 APPENDIX M NOAA ADMINISTRATIVE ORDER
Page M.1 APPENDIX M NOAA ADMINISTRATIVE ORDER 216-100 Page M.2 Page M.3 NOAA Administrative Order 216-100 PROTECTION OF CONFIDENTIAL FISHERIES STATISTICS SECTION 1. PURPOSE..01 This Order: a. prescribes
More informationIELP White Paper on Verification of Permit Findings
IELP White Paper on Verification of Permit Findings Prof. Chris Wold & Kim McCoy March 3, 2006 I. Introduction The final step in ensuring that non-detriment findings eliminate unsustainable trade and promote
More informationOriginal language: English PC23 Doc. 6.1 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Original language: English PC23 Doc. 6.1 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Twenty-third meeting of the Plants Committee Geneva (Switzerland), 22 and 24-27
More informationSubject: Opinion on Whether Trinity River Record of Decision is a Rule
United States General Accounting Office Washington, DC 20548 May 14, 2001 The Honorable Doug Ose Chairman, Subcommittee on Energy Policy, Natural Resources, and Regulatory Affairs Committee on Government
More information(Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 865/2006. of 4 May 2006
19.6.2006 EN Official Journal of the European Union L 166/1 I (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation
More informationCase 3:17-cr JLS Document 1 Filed 04/26/17 PageID.1 Page 1 of 8 UNITED STATES DISTRICT COURT. SOUTHERN DISTRICT OF falifornia
Case 3:17-cr-01065-JLS Document 1 Filed 04/26/17 PageID.1 Page 1 of 8 1 2 3 4 5 DFPn.,_. 6 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF falifornia 8 9 10 UNITED STATES OF AMERICA, Plaintiff, January
More informationCase 5:18-cv Document 85 Filed 03/21/18 Page 1 of 13 PageID #: 7313
Case 5:18-cv-11111 Document 85 Filed 03/21/18 Page 1 of 13 PageID #: 7313 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF WEST VIRGINIA Elkins Division CENTER FOR BIOLOGICAL DIVERSITY, 378 Main
More informationCRS Report for Congress
Order Code RS20095 Updated January 28, 2004 CRS Report for Congress Received through the CRS Web The Congressional Budget Process: A Brief Overview James V. Saturno Specialist on the Congress Government
More informationNATIONAL ASSOCIATION OF HOME BUILDERS, ET AL. v. DEFENDERS OF WILDLIFE ET AL. SUPREME COURT OF THE UNITED STATES 551 U.S. 644
NATIONAL ASSOCIATION OF HOME BUILDERS, ET AL. v. DEFENDERS OF WILDLIFE ET AL. SUPREME COURT OF THE UNITED STATES 551 U.S. 644 April 17, 2007, Argued June 25, 2007, * Decided PRIOR HISTORY: ON WRITS OF
More informationMEMORANDUM OF UNDERSTANDING. Among
MEMORANDUM OF UNDERSTANDING Among THE WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, THE U.S. DEPARTMENT OF ENERGY, THE U.S. DEPARTMENT OF DEFENSE, THE U.S. DEPARTMENT OF THE ARMY, THE ADVISORY COUNCIL
More informationCRS Report for Congress Received through the CRS Web
Order Code RL30095 CRS Report for Congress Received rough e CRS Web Committee Funding Resolutions and Processes, 106 Congress Updated March 25, 1999 Paul S. Rundquist Specialist in American National Government
More informationWhen used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title
TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS 371. Definitions When used in sections 371, 376, 377, 412, 417, 433, 462,
More informationORNITHOLOGICAL COUNCIL THE WILDLIFE SOCIETY SOCIETY FOR CONSERVATION BIOLOGY
ORNITHOLOGICAL COUNCIL THE WILDLIFE SOCIETY SOCIETY FOR CONSERVATION BIOLOGY 29 September 2008 Lyle Laverty Assistant Secretary for Fish and Wildlife and Parks Department of the Interior 1849 C Street,
More informationFederal Funding Gaps: A Brief Overview
James V. Saturno Specialist on Congress and the Legislative Process September 13, 2017 Congressional Research Service 7-5700 www.crs.gov RS20348 Summary The Antideficiency Act (31 U.S.C. 1341-1342, 1511-1519)
More informationUnited States Panama Trade Promotion Agreement
United States Panama Trade Promotion Agreement Objectives The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national treatment, most-favored-nation
More informationCONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2642
SESSION OF 2018 CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2642 As Agreed to April 6, 2018 Brief* HB 2642 would maintain an exemption for attributions on certain social media providers; remove the
More informationPUBLIC LAW OCT. 3, STAT. 3765
PUBLIC LAW 110 343 OCT. 3, 2008 122 STAT. 3765 Public Law 110 343 110th Congress An Act To provide authority for the Federal Government to purchase and insure certain types of troubled assets for the purposes
More informationArticle 7. Department of Environmental Quality. Part 1. General Provisions.
Article 7. Department of Environment and Natural Resources. Part 1. General Provisions. 143B-275 through 143B-279: Repealed by Session Laws 1989, c. 727, s. 2. Article 7. Department of Environmental Quality.
More informationCRS Report for Congress
CRS Report for Congress Received through the CRS Web Order Code RS21586 Updated May 20, 2005 Summary Technology Assessment in Congress: History and Legislative Options Genevieve J. Knezo Specialist in
More informationWater Resources Committee/Board of Directors. Frances Mizuno, Interim Executive Director
To: From: Water Resources Committee/Board of Directors Frances Mizuno, Interim Executive Director Subject: H.R. 916 (Rep. Ken Calvert) Federally Integrated Species Health (FISH) Act Date: July 2, 2018
More informationTESTIMONY BY SCOTT SLESINGER LEGISLATIVE DIRECTOR OF THE NATURAL RESOURCES DEFENSE COUNCIL
TESTIMONY BY SCOTT SLESINGER LEGISLATIVE DIRECTOR OF THE NATURAL RESOURCES DEFENSE COUNCIL The Federal Permitting Process for Major Infrastructure Projects, Including the Progress made by the Federal Permitting
More informationCHAPTER Committee Substitute for House Bill No. 1143
CHAPTER 99-390 Committee Substitute for House Bill No. 1143 An act relating to aquaculture; amending s. 370.027, F.S.; providing that marine aquaculture products are exempt from Fish and Wildlife Conservation
More informationUnited States Peru Trade Promotion Agreement
United States Peru Trade Promotion Agreement Objectives Eighty percent of U.S. exports of consumer and industrial goods to Peru and more than two-thirds of current U.S. farm exports to Peru will be duty-free
More informationLAW REVIEW, OCTOBER 1995 ENDANGERED SPECIES ACT REGULATES CRITICAL HABITAT MODIFICATION ON PRIVATE LAND
ENDANGERED SPECIES ACT REGULATES CRITICAL HABITAT MODIFICATION ON PRIVATE LAND James C. Kozlowski, J.D., Ph.D. 1995 James C. Kozlowski Private property rights are not absolute. Most notably, local zoning
More informationUnfunded Mandates Reform Act of 1995 (P.L )
Unfunded Mandates Reform Act of 1995 (P.L. 104-4) The Unfunded Mandates Reform Act of 1995 was signed by President Clinton on March 22, 1995, at which time it became Public Law No. 104-4. That law requires
More informationDecision-making in CITES
www.cites.org 1 Decision-making in CITES University of Freiburg Excursion International Organization and Environmental Governance Geneva, 20 February 2007 Convention on International Trade in Endangered
More informationU.S. Patent and Trademark Office Appropriations Process: A Brief Explanation
U.S. Patent and Trademark Office Appropriations Process: A Brief Explanation Glenn J. McLoughlin Acting Deputy Assistant Director, Resources, Science and Industry August 28, 2014 Congressional Research
More informationenacted the A BEARISH LOOK AT THE ENDANGERED SPECIES ACT: Christy v. Hode! and its Implications by Dan Ritzman
A BEARISH LOOK AT THE ENDANGERED SPECIES ACT: Christy v. Hode! and its Implications by Dan Ritzman History of the Endangered Species Legislation In 1973, Congress enacted the Endangered Species Act. In
More informationCase 4:08-cv CW Document 230 Filed 11/18/08 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case :0-cv-0-CW Document 0 Filed //0 Page of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 CENTER FOR BIOLOGICAL DIVERSITY; NATURAL RESOURCES DEFENSE COUNCIL; and GREENPEACE,
More information53RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2017
SENATE BILL 1 RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Mimi Stewart and Gail Chasey AN ACT RELATING TO WILDLIFE; ENACTING THE WILDLIFE TRAFFICKING ACT; PROVIDING POWERS AND DUTIES;
More informationEnabling Tribal Development: A Look at Current Legislative Efforts in the Mineral & Energy Sectors By: Peter Mather
Enabling Tribal Development: A Look at Current Legislative Efforts in the Mineral & Energy Sectors By: Peter Mather I. Introduction Congress tasked the Department of the Interior (Interior) to assist Indian
More informationCase 2:07-cv RSL Document 51 Filed 11/09/17 Page 1 of 12
Case :0-cv-0-RSL Document Filed /0/ Page of The Honorable Robert S. Lasnik 0 0 DKT. 0 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Northwest Center for Alternatives ) NO. 0-cv--RSL
More informationThe Final Act of the Conference of Plenipotentiaries Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region
PROTOCOL CONCERNING SPECIALLY PROTECTED AREAS AND WILDLIFE TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION Adopted at Kingston on 18 January
More informationCONVENTION ON MIGRATORY SPECIES
CONVENTION ON MIGRATORY SPECIES CMS Distribution: General UNEP/CMS/Resolution 11.16 Original: English THE PREVENTION OF ILLEGAL KILLING, TAKING AND TRADE OF MIGRATORY BIRDS Adopted by the Conference of
More informationBudget Issues That Shaped the 2014 Farm Bill
Jim Monke Specialist in Agricultural Policy April 10, 2014 Congressional Research Service 7-5700 www.crs.gov R42484 Summary Congress returns to the farm bill about every five years to establish an omnibus
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case 9:09-cv-00077-DWM Document 187-1 Filed 03/18/11 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION DEFENDERS OF WILDLIFE, et al., v. Plaintiffs, KEN SALAZAR, et
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SPIRIT OF THE SAGE COUNCIL, et al., Plaintiffs, v. No. 1:98CV01873(EGS GALE NORTON, SECRETARY, U.S. DEPARTMENT OF THE INTERIOR, et al., Defendants.
More informationProtection of Classified Information by Congress: Practices and Proposals
Order Code RS20748 Updated September 5, 2007 Summary Protection of Classified Information by Congress: Practices and Proposals Frederick M. Kaiser Specialist in American National Government Government
More informationCongressional Budget Actions in 2006
Order Code RL33291 Congressional Budget Actions in 2006 Updated December 28, 2006 Bill Heniff Jr. Analyst in American National Government Government and Finance Division Congressional Budget Actions in
More informationCongressional Roll Call Votes on the Keystone XL Pipeline
Congressional Roll Call Votes on the Keystone XL Pipeline Lynn J. Cunningham Senior Research Librarian April 4, 2017 Congressional Research Service 7-5700 www.crs.gov R43870 Summary TransCanada s proposed
More information42 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBCHAPTER I - GENERAL PROVISIONS 3501. Establishment of Department; effective date The provisions of Reorganization
More informationCase 1:16-cv EGS Document 21 Filed 07/05/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:16-cv-01008-EGS Document 21 Filed 07/05/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CENTER FOR FOOD SAFETY, et al., Plaintiffs, v. No. 1:16-cv-01008-EGS S. M.
More informationApplication for Transfer of Operating Authority
Application for Transfer of Operating Authority This Application is made pursuant to the provisions of The Resource Tourism Operators Act VENDOR I/We being the owner(s) of (Present Name of Operation) hereby
More informationCourthouse News Service
Case 4:09-cv-00543-JJM Document 1 Filed 09/24/09 Page 1 of 12 John Buse (CA Bar No. 163156) pro hac vice application pending Justin Augustine (CA Bar No. 235561) pro hac vice application pending CENTER
More information